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所有权人在其所有物被他人无权占有、所有权被妨害或有妨害之虞时,有权提起物权请求权以保护自己。但同为物权的他物权之上是否也存在物权请求权?如果存在,其内容如何则仍旧存在争论。就此,本文认为他物权之上也应存在物权请求权,并对此进行了学理说明。文中在此前提下进一步从内容上分别论述了基于用益物权的物权请求权和基于担保物权的物权请求权。
The owner of the property is entitled to claim the property right to protect himself when his property is not entitled to possession by others and the ownership is hindered or hindered. However, the same as the real right of his property rights also exist right of claim? If there is, the content of what is still controversial. In this connection, this article holds that there should be the right of remuneration over his real right, and explained the theory. Based on this premise, this paper further elaborates the claim of property right based on usufructuary right and the claim of real right based on secured property right respectively.